Hernandez v. City of Miami Beach

This is an appeal of an order finding probable cause in a forfeiture proceeding. See Fla. R.App. P. 9.130(a)(3)(C)(ii). We conclude that the order must be reversed on account of the City’s delay in requesting an adversary probable cause hearing.

Miami Beach police officers seized a 2005 Land Rover, cash, and jewelry pursuant to the Florida Contraband Forfeiture Act, sections 932.701-.706, Florida Statutes (2008). As required by the Act, the City of Miami Beach sent a notice to the appellants-claimants which advised them that they may request an adversarial preliminary hearing. See id. §…